Driver's Licenses Regulations, P.E.I. Reg. EC550/02
- Citation: Driver's Licenses Regulations, P.E.I. Reg. EC550/02
- Enabling Statute: Highway Traffic Act, R.S.P.E.I. 1988, c. H-5
- Version downloaded by CanLII on 2004-11-17
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this regulation, current to February 1, 2004. It is intended
for information and reference purposes only.
This document is not the official version of these regulations. The
regulations and the amendments printed in the Royal Gazette should be
consulted to determine the authoritative text of these regulations.
For more information concerning the history of these regulations, please see
the Table of Regulations.
If you find any errors or omissions in this consolidation, please notify the
Legislative Counsel Office at (902) 368-4291 or by email to
pmporter@gov.pe.ca.
CHAPTER H-5
HIGHWAY TRAFFIC ACT
DRIVER'S LICENSES REGULATIONS
Pursuant to section 69 of the Highway Traffic Act R.S.P.E.I. 1988, Cap.
H-5, Council made the following regulations:
1. The following classes of driver's licenses are prescribed and, subject Classes of licenses
to the Act and these regulations, the holder of a driver's license of one of
these classes is authorized to operate only the types of vehicles specified
below for that class:
(a) Class 1 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 3, 5, 8, and 9
may operate,
(ii) any truck-tractor,
(iii) any truck-tractor towing a semi-trailer,
(iv) any truck-tractor towing a semi-trailer and a trailer;
(b) Class 2 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 3, 4, 5, 8 and 9
may operate,
(ii) any bus with a capacity of more than 24 passengers, including
a school bus;
(c) Class 3 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 5, 8, and 9 may
operate,
(ii) any motor vehicle exceeding 14,000 kg gross mass, but not
including a truck-tractor towing a semi-trailer,
(iii) any truck-trailer combination exceeding 14,000 kg gross
mass,
(iv) any truck tractor without a trailer,
(v) any special mobile equipment;
(d) Class 4 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 5, 8 and 9 may
operate,
(ii) any ambulance,
(iii) any taxi,
(iv) any bus with a capacity of fewer than 25 passengers;
(e) Class 5 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 8 and 9 may
operate,
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2 Cap. H-5 Highway Traffic Act Updated 2002
Driver's Licenses Regulations
(ii) any motor vehicle not exceeding 14,000 kg gross mass, except
an ambulance, taxi, motorcycle, bus or a truck-tractor,
(iii) any motor vehicle not exceeding 14,000 kg gross mass
towing a vehicle which does not exceed the gross mass of 4,500
kg;
(f) Class 6 - authorizes a person to drive
(i) any motor vehicle which the holder of a Class 8 and 9 may
operate,
(ii) any motorcycle;
(g) Class 7 - authorizes a person to drive a motor vehicle requiring a
Class 5, 6 or 8 driver's license without holding such a license if the
person is receiving instruction in the operation of the motor vehicle
and is accompanied by another person who holds a valid driver's
license of the class required for the vehicle;
(h) Class 8 - authorizes a person to drive any moped;
(i) Class 9 - authorizes a person to drive any farm tractor.
(EC550/02)
2. (1) No person shall operate on a highway a vehicle that is equipped
Airbrakes
with airbrakes and that requires a class 1, 2, 3, 4 or 5 driver's license to
operate unless the person holds a valid driver's license that is endorsed
with the letter "A" by the Registrar of the class required for the vehicle.
(2) No person shall operate a school bus unless the person holds a
School buses
Class 2 driver's license that was issued to the person on compliance with
the requirements of clause 3(1)(d).
(3) A Class 7 driver's license is deemed, for the purposes of these
Instruction permit
regulations, to be an instruction permit referred to in section 82 of the
Act. (EC550/02)
3. (1) Every applicant for a driver's license shall
Age requirements
(a) be at least 18 years of age, subject to clause (d), when applying
for any of the following classes of driver's license:
(i) Class 1,
(ii) Class 2,
(iii) Class 3,
(iv) Class 4,
(v) Class 7;
(b) be at least 16 years of age, subject to clause 82(1)(b) of the Act,
when applying for any of the following classes of driver's license:
(i) Class 5,
(ii) Class 6,
(iii) Class 7,
(iv) Class 8;
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Updated 2002 Highway Traffic Act Cap. H-5 3
Driver's Licenses Regulations
(c) be at least 14 years of age when applying for a Class 9 driver's
license; or
(d) be at least 21 years of age when applying to operate a school bus
under a Class 2 driver's license and have held a valid driver's
license of any class for at least five years preceding the application.
(2) Every applicant for a driver's license shall be tested in a motor Test
vehicle which
(a) is appropriate to the class of driver's license for which an
application has been made; and
(b) has been approved by the Registrar.
(3) The Registrar shall not issue a Class 1, 2, 3, 4, 5, 6 or 8 driver's Requirements for
license
license to any applicant who holds a Class 7 license unless the driver
applicant
(a) has completed
(i) the Novice Driver Course, or
(ii) a driver education course recognized by the Registrar; and
(b) has complied with the medical and vision reporting cycles and
meets the medical standards for Class 1, 2, 3 and 4 as prescribed by
the most recent edition of the manual, Medical Standards for
Drivers, published by the Canadian Council of Motor Transport
Administrators.
(4) The Registrar may waive any of the medical standards pertaining to Waiver of standards
a particular applicant for any class of driver's license where
(a) immediately preceding October 1, 1985, the applicant held an
operator's license or a chauffeur's license that authorized the
applicant to drive a motor vehicle that now requires the class of
driver's license for which the application is made;
(b) the Registrar is satisfied that an applicant would suffer a
hardship if denied a particular class of driver's license because of a
failure to meet a prescribed standard; and
(c) the applicant presents evidence satisfactory to the Registrar that
the applicant can safely drive a motor vehicle that requires the class
of driver's license for which the application has been made.
(EC550/02)
4. The holder of a Class 7 driver's license may drive Conditions applying
to Class 7 driver's
(a) a motor vehicle requiring a class 5 driver's license on a highway license
if the holder of a Class 1, 2, 3, 4, or 5 driver's license, as the case
may be, is occupying a seat beside the holder of the Class 7 driver's
license for the purpose of giving instruction in driving; or
(b) a motorcycle or moped on a highway if the holder of a Class 6
driver's license is giving instruction in driving the motorcycle or
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4 Cap. H-5 Highway Traffic Act Updated 2002
Driver's Licenses Regulations
moped and has the holder of the Class 7 driver's license under direct
observation and supervision, and
(i) the motorcycle or moped is only driven between sunrise and
sunset,
(ii) no passenger is carried on the motorcycle or moped, and
(iii) the motorcycle or moped is driven only within a 30 km radius
of the residence of the holder of the Class 7 driver's license.
(EC550/02)
5. The holder of a Class 5 driver's license may drive a motor vehicle
Conditions applying
to Class 5 driver's requiring a Class 1, 2, 3 or 4 driver's license on a highway if a holder of
license
a Class 1, 2, 3, or 4 driver's license, as the case may be, is occupying a
seat beside the holder of the Class 5 driver's license for the purpose of
giving instruction in driving. (EC550/02)
6. An applicant for a Class 1, 2, 3, 4, 5, 6, or 7 driver's license who holds
Out-of-province
license a valid driver's license issued by another province, state, territory or
country to drive a motor vehicle that requires the class of driver's license
for which the application is made may be issued a license of the relevant
class by the Registrar. (EC550/02)
7. The Registrar may not issue a Class 1, 2, 3 or 4 driver's license to an
Newly licensed
driver applicant who is deemed to be a newly licensed driver under subsection
1(2) of the Demerit Point System Regulations made under the Act.
(EC550/02)
8. The following persons, if issued a Class 5 driver's license, do not
Exemption to
license restrictions require a license of a different class to operate vehicles which ordinarily
may only be operated by the holder of the license of a different class:
(a) any peace officer operating a motor vehicle in the performance of
the peace officer's duty;
(b) any examiner appointed under the Act for the purpose of
examining persons;
(c) any employee or agent of a licensed dealer operating a motor
vehicle for the purpose of demonstration;
(d) any licensed mechanic in the performance of the mechanic's
duty;
(e) any other person authorized by the Registrar. (EC550/02)
9. A driver's license issued in the three years preceding the coming into
Transitional
provision force of these regulations is deemed, on the coming into force of these
regulations,
(a) to be a valid driver's license of the appropriate class prescribed
by these regulations;
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Updated 2002 Highway Traffic Act Cap. H-5 5
Driver's Licenses Regulations
(b) to continue in force, subject to clause (c), unless cancelled,
suspended or otherwise invalidated in accordance with the Act and
these regulations; and
(c) to expire, subject to clause (b), on the date indicated on the
driver's license. (EC550/02)
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